Approval and Promulgation of Air Quality Implementation Plans, and Designation of Areas for Air Quality Planning Purposes; Ohio

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[OH60-1-6377a; FRL-5410-1]

Approval and Promulgation of Air Quality Implementation Plans,

and Designation of Areas for Air Quality Planning Purposes; Ohio

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving the ozone State Implementation Plan

(SIP) revision and redesignation requests submitted by the State of

Ohio for the purpose of redesignating Franklin, Delaware, and Licking

Counties (Columbus area) from marginal nonattainment to attainment for

ozone; and revising Ohio's SIP to include a 1990 base-year ozone

precursor emissions inventory for the Columbus ozone nonattainment

area. Ground-level ozone, commonly known as smog, is an air pollutant

which forms on hot summer days which harmfully affects lung tissue and

breathing passages. The redesignation to attainment of the health-based

ozone air quality standard is based on a request from the State of Ohio

to redesignate this area and approve its maintenance plan, and on the

supporting data the State submitted in support of the requests. Under

the Clean Air Act, designations can be changed if sufficient data are

available to warrant such change, and a maintenance plan is put in

place which is designed to ensure the area maintains the ozone air

quality standard for the next ten years. The emissions inventory was

submitted to satisfy a Federal requirement that States containing ozone

nonattainment areas submit

[[Page 3592]]

inventories of actual ozone precursor emissions for the year 1990. Data

from emission inventories aide States in developing plans to meet and/

or maintain the ozone air quality standard.

DATES: The ``direct final'' is effective on April 1, 1996, unless USEPA

receives adverse or critical comments by March 4, 1996. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the revision request and USEPA's analysis

(Technical Support Document) are available for inspection at the

following address: U.S. Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois

60604. (It is recommended that you telephone William Jones at (312)

886-6058 before visiting the Region 5 Office.)

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Regulation Development Branch (AR-18J),

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: William Jones at (312) 886-6058.

SUPPLEMENTARY INFORMATION: On November 15, 1990, the Clean Air Act

Amendments of 1990 were enacted (CAA). Pub. L. 101-549, codified at 42

U.S.C. 7401-7671q. Pursuant to Section 107(d)(4)(A) of the CAA,

Franklin, Delaware, and Licking Counties (Columbus area) were

designated as nonattainment for ozone, see 56 FR 56694 (November 6,

1991). At the same time, the Columbus area was classified as a marginal

ozone nonattainment area.

I. Emissions Inventories

Section 182(a)(1) of the Clean Air Act Amendments of 1990 (Act)

requires States with ozone nonattainment areas to submit a

comprehensive, accurate and current inventory of actual ozone precursor

emissions [which include volatile organic compounds (VOC), nitrogen

oxides (NOX), and carbon monoxide (CO)] for each ozone

nonattainment area by November 15, 1992. This inventory must include

anthropogenic base-year (1990) emissions from stationary point, area,

non-road mobile, and on-road mobile sources, as well as biogenic

(naturally occurring) emissions in all ozone nonattainment areas. The

emissions inventory must be based on conditions that exist during the

peak ozone season (generally the period when peak hourly ozone

concentrations occur in excess of the primary ozone National Ambient

Air Quality Standard--NAAQS). Ohio's annual ozone season is from April

1 to October 31.

A. Criteria for Evaluating Ozone Emissions Inventories

Guidance for preparing and reviewing the emission inventories is

provided in the following USEPA guidance documents or memoranda:

``State Implementation Plans; General Preamble for the Implementation

of Title I of the Act,'' (Preamble) published in the April 16, 1992

Federal Register (57 FR 13498); ``Emission Inventory Requirements for

Ozone State Implementation Plans,'' (EPA-450/4-91-010) dated March

1991; a memorandum from John Calcagni, Director, Air Quality Management

Division, Office of Air Quality Planning and Standards, entitled

``Public Hearing Requirements for the 1990 Base-Year Emissions

Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' dated

September 29, 1992; ``Procedures for the Preparation of Emissions

Inventories for Carbon Monoxide and Precursors of Ozone, Volumes I and

II,'' (EPA-450/4-91-016 and EPA-450/4-91-014) dated May 1991;

``Procedures for Emissions Inventories Preparation, Volume IV: Mobile

Sources,'' (EPA-450/4-81-026d) dated 1992; and ``Supplement C to

Compilation of Air Pollutant Emission Factors, Volume I: Stationary

Point and Area Sources,'' (AP-42) dated September 1990.

As a primary tool for the review of the quality of emission

inventories, the USEPA has also developed three levels (I, II, and III)

of emission inventories checklists. The Level I and II checklists are

used to determine that all required components of the base-year

emission inventory and associated documentation are present. These

reviews also evaluate the level of quality of the associated

documentation and the data provided by the State and assess whether the

emission estimates were developed according to the USEPA guidance. The

Level III review evaluates crucial aspects and the overall

acceptability of the emission inventory submittal. Failure to meet one

of the ten crucial aspects would lead to disapproval of the emissions

inventory submittal.

Detailed Level I and II review procedures can be found in the USEPA

guidance document entitled ``Quality Review Guidelines for 1990 Base

Year Emissions Inventories,'' (Quality Review) (EPA-454/R-92-007) dated

August 1992. Level III criteria were attached to a memorandum from John

S. Seitz, Director, Office of Air Quality Planning and Standards,

entitled ``Emission Inventory Issue,'' dated June 24, 1993. The Level

I, II, and III checklists used in reviewing this emissions inventory

submittal are attached to a USEPA technical support document (TSD)

dated October 3, 1995.

B. State Submittal

On March 15, 1994, the Ohio Environmental Protection Agency (OEPA)

submitted a revision to the ozone portion of Ohio's SIP which consisted

of the 1990 base-year ozone emissions inventory for the following ozone

nonattainment areas in Ohio: Canton, Cincinnati, Cleveland, Columbus,

Dayton, Toledo and Youngstown. The emissions inventory for the Columbus

area was deemed complete on September 13, 1994. The USEPA has completed

its review of the emissions inventory submitted for the Columbus ozone

nonattainment area. The 1990 base-year emissions inventories submitted

for all other areas are addressed in separate rulemakings.

Inventory Preparation Plan/Quality Assurance Plan

All States were required to submit an Inventory Preparation Plan

(IPP) to USEPA for review and approval by October 1, 1991. The IPP

documents the procedures utilized in the development of an emissions

inventory and contains the quality assurance and quality control plan

(QA/QC). On March 19, 1992, the State of Ohio submitted a final ozone

emissions IPP. On April 15, 1992, USEPA informed the State that the IPP

was not approvable at the time. The USEPA has worked with the State

since that time in order to correct deficiencies in the IPP. With the

March 1994 SIP revision request, the State submitted documentation as

to how the emissions inventory was prepared, as well as a quality

assurance report for the point, area, and mobile source portions of the

emissions inventory. The USEPA finds that this documentation and

quality assurance reports are acceptable to meet the requirements of an

IPP.

Point Source Emissions Inventory

The State submitted a point source emissions inventory of all

facilities that emit at least 10 tons per year (tpy) of VOC, or 100 tpy

NOX or CO in the nonattainment area. The State also included

sources that emit 100 tpy of VOC, CO, or NOX located in a 25-mile

boundary surrounding the nonattainment area. The point source emissions

inventory contains general facility information, number of sources,

production schedules and related emissions for each source, emissions

limitation, control efficiency and rule

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effectiveness (RE), as applicable, and total emissions on an annual and

daily ozone season basis. (Rule effectiveness is a factor designed to

take into account the assumption that control equipment does not

operate at 100 percent all of the time of source operation, due to

maintenance, malfunction, etc.)

The following methods were employed by the State to identify

sources to be included in the 1990 base-year emissions inventory: the

1989 records for plants in the Emissions Inventory System (EIS) were

checked and plants meeting the VOC, CO or NOX criteria were

updated with 1990 emissions data; the air permit records were reviewed

for plants that may be candidates for inclusion in the point source

inventory; and current industrial directories and the Toxic Release

Information System (TRIS) database were checked for additional sources.

For facilities in the point source inventory, the State acquired the

emissions data by means of the following: mail surveys; plant

inspections; telephone calls; and air permit files.

The USEPA reviewed the point source emissions data by cross

referencing the point source inventory to the following sources: (1)

USEPA's guidance document entitled ``Major CO, NO2, and VOC

Sources in the 25-Mile Boundary Around Ozone Nonattainment Areas,

Volume I: Classified Ozone Nonattainment Areas,'' (EPA-450/4-92-005a)

February 1992; a 1990 TRIS Retrieval; and a 1990 Aerometric Inventory

Retrieval System (AIRS) Facility Subsystem (AFS) AFS--Emission to

Compliance Comparison Report. The State was notified of any potentially

missing sources or discrepancies in their reported emissions and

provided any corrections necessary.

Where a source was governed by a regulation or a control device,

the emissions limit was stated. A RE factor was then applied in the

determination of emissions. In accordance with USEPA guidance, a

standard RE factor of 80 percent was utilized unless otherwise

justified.

Area Source Emissions Inventory

Area source emissions were calculated using State-specific data as

well as USEPA guidance documents and technical memoranda developed for

various categories. The State utilized emission factors from

``Procedures for the Preparation of Emission Inventories of Carbon

Monoxide and Precursors of Ozone, Volume I: General Guidance for

Stationary Sources, and IV: Mobile Sources,'' and AP-42 and provided

necessary documentation. The following area source categories were

included in the emissions inventory: Gasoline loading and distribution,

dry cleaning, degreasing, architectural surface coatings, traffic

markings, automobile refinishing, graphic arts, cutback asphalt,

pesticide application, commercial/consumer solvents, bakeries, waste

management practices (landfills), leaking underground storage tanks,

incineration of solid waste, stationary fossil fuel combustion, and

fires (structural, open burn, etc.). Vehicle refueling emissions were

included as part of the mobile source emissions inventory.

The area source inventory was reviewed utilizing USEPA's guidance

documents, and the Level I and II checklists, to ensure that all source

categories and their related emissions (and emission factors) were

included in the area source emissions inventory. Seasonal adjustments,

rule effectiveness, and rule penetration factors were applied as

indicated in the State submittal.

On-Road Mobile Source Emissions Inventory

In the development of the mobile source emissions inventory, the

State of Ohio utilized USEPA's mobile source emissions model, Mobile

5a, for the determination of the emission factors for all eight vehicle

types. Hard-copy documentation of the input and output files were

provided in the submittal. Where available, State-specific inputs were

utilized in the development of the input files for Mobile 5a.

The 1990 vehicle miles travelled (VMT) for each of the twelve

roadway types were developed by the Ohio Department of Transportation

(ODOT). ODOT maintains data on each section of highway in the State of

Ohio. VMT values were developed by ODOT and entered in the State Road

Inventory System (SRIS). The data from the SRIS was reported to the

Federal Highway Administration (FHWA) by utilizing the Highway

Performance Monitoring System (HPMS).

The daily VMT (dVMT) for each roadway section was computed as the

annual average daily traffic (AADT) count for that section multiplied

by the length of the section. The total county DVMT is the sum of the

dVMTs for each of the twelve highway classifications in the county. The

total county DVMTS are then summed to determine the statewide total

DVMTS.

In order to determine consistency between the SRIS and the HPMS,

the statewide total DVMTS are then compared by functional class to the

HPMS submittal. For those classifications where traffic counts are

available for all or nearly all their sections, the totals between the

two systems were essentially the same. For those with more off-systems

roads, the resulting SRIS totals were larger than the HPMS's submittal

value (as expected). Correction factors were computed from the two sets

of totals and applied to the individual cells.

ODOT used permanent and portable vehicle classification equipment

to develop the vehicle mix by functional classification of highway.

Traficomp III vehicle classification equipment are used to support the

HPMS data collection effort. A software program called OHIO CONVERT

formats vehicle classification data into the FHWA Vehicle

Classification categories.

Off-Road Mobile Source Emissions Inventory

The State developed emissions estimates for the following off-road

categories according to USEPA guidance: aircraft, railroad locomotives,

recreational boating, off-road motorcycles, agricultural equipment,

construction equipment, industrial equipment, and lawn and garden

equipment. Documentation was provided as to the sources of emissions

factors utilized and were submitted in the area source emissions

inventory portion of the submittal.

The off-road mobile source inventory was reviewed utilizing the

Level I and II checklists and USEPA's guidance documents to ensure that

all source categories and their related emissions factors were included

in the off-road mobile source emissions inventory.

Biogenic Emissions Inventory

The State of Ohio determined the biogenic emissions for the

Columbus area according to a USEPA's guidance document entitled

``User's Guide to the Personal Computer Version of the Biogenic

Emissions Inventory System (PC-BEIS),'' (EPA-450/4-91-017) dated July,

1991. Meteorological data utilized in PC-BEIS was collected in

accordance with USEPA guidance. Data from the ten warmest days from the

period between 1988 to 1990 with the highest hourly peak ozone

concentrations in each ozone nonattainment area was collected and

reviewed. As required by USEPA guidance, the fourth highest daily

maximum ozone concentration for each nonattainment area was selected

and utilized in the model. The State provided hard copy documentation

as to the meteorological inputs utilized and PC-BEIS output files for

the biogenic emissions inventory for the Columbus nonattainment areas.

[[Page 3594]]

C. Summary of Ozone Emissions Inventory

A summary has been prepared of the emissions inventory for an

average ozone summer weekday for the Columbus ozone nonattainment area

as follows. The emissions are stated in tons per ozone season weekday:

Table 1.--Columbus Ozone Nonattainment Area, 1990 Base-Year Emissions

Inventory

[tons per day]

------------------------------------------------------------------------

Source type VOC CO NOx

------------------------------------------------------------------------

Point Sources.......................... 16.44 8.52 13.79

Area Sources........................... 53.56 9.09 7.37

On-Road Mobile Sources................. 94.73 580.75 78.65

Off-Road Mobile Sources................ 47.62 438.21 89.31

Biogenic Sources....................... 105.92

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Totals............................... 318.27 1,036.57 189.12

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II. Ozone Redesignation Request

The OEPA requested that the area be redesignated in a letter dated

January 7, 1994, and received by USEPA on January 14, 1994. The public

hearing information portion was transmitted to USEPA in a letter from

Robert Hodanbosi, Chief of the Division of Air Pollution Control, OEPA,

dated April 11, 1994, and received by USEPA on April 14, 1994.

The State provided monitoring, and emissions data to support its

redesignation request. The review criteria and a review of the request

are provided below.

A. Redesignation Review Criteria

Under the CAA, designations can be changed if sufficient data are

available to warrant such change. The CAA provides the requirements for

redesignating a nonattainment area to attainment. Specifically, Section

107(d)(3)(E) provides for redesignation if: (i) The Administrator

determines that the area has attained the National Ambient Air Quality

Standard (NAAQS); (ii) The Administrator has fully approved the

applicable implementation plan for the area under Section 110(k); (iii)

The Administrator determines that the improvement in air quality is due

to permanent and enforceable reductions in emissions resulting from

implementation of the applicable implementation plan and applicable

Federal air pollutant control regulations and other permanent and

enforceable reductions; (iv) The Administrator has fully approved a

maintenance plan for the area as meeting the requirements of Section

175A; and (v) The State containing such area has met all requirements

applicable to the area under Section 110 and Part D.

The USEPA has provided guidance on processing redesignation

requests in documents including the following:

1. ``Part D New Source Review (part D NSR) Requirements for Areas

Requesting Redesignation to Attainment,'' Mary D. Nichols, Assistant

Administrator for Air and Radiation, October 14, 1994.

2. ``Use of Actual Emissions in Maintenance Demonstrations for

Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' D. Kent Berry,

Acting Director, Air Quality Management Division, November 30, 1993.

3. ``State Implementation Plan (SIP) Requirements for Areas

Submitting Requests for Redesignation to Attainment of the ozone and

Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) on

or after November 15, 1992,'' Michael H. Shapiro, Acting Assistant

Administrator for Air and Radiation, September 17, 1993.

4. ``State Implementation Plan (SIP) Actions Submitted in Response

to Clean Air Act (ACT) Deadlines,'' John Calcagni, Director, Air

Quality Management Division, October 28, 1992.

5. ``Procedures for Processing Requests to Redesignate Areas to

Attainment,'' John Calcagni, Director, Air Quality Management Division,

September 4, 1992.

6. ``Contingency Measures for Ozone and Carbon Monoxide (CO)

Redesignations,'' G.T. Helms, Chief, Ozone/Carbon Monoxide Programs

Branch, June 1, 1992.

7. State Implementation Plans; General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990 (57

FR 13498), April 16, 1992.

B. Review of the Redesignation Request

1. The Area Must Have Attained the Ozone NAAQS

For ozone, an area may be considered attaining the NAAQS if there

are no violations, as determined in accordance with the regulation

codified at 40 CFR Sec. 50.9, based on three (3) consecutive calendar

years of quality assured monitoring data. A violation occurs when the

ozone air quality monitoring data show greater than one (1) average

expected exceedance per year at any site in the area at issue. An

exceedance occurs when the maximum hourly ozone concentration exceeds

0.124 parts per million (ppm). The data should be collected and

quality-assured in accordance with 40 CFR Part 58, and recorded in the

Aerometric Information Retrieval System (AIRS) in order for it to be

available to the public for review.

The redesignation request for the Columbus area relies on ozone

monitoring data for the years 1990 through 1992, to show that they are

meeting the NAAQS for ozone. Ozone monitoring data for 1993 and 1994

continue to show that the area has reached attainment. The Columbus

area is currently meeting the requirement of attaining the ozone NAAQS.

The ozone monitoring network consists of three monitors. Two of the

monitors are located in Franklin County and one is located in Licking

County. No monitors are currently located in Delaware County; however,

the other monitors in Franklin and Licking Counties adequately

represent the entire Columbus area. Two exceedances of the ozone

standard have been monitored since 1990, both of these occurred at the

Maple Canyon monitor in Franklin County. At this site, the first

exceedance of 0.128 ppm occurred in 1990, and the second exceedance of

0.131 ppm occurred in 1991. Data stored in AIRS was used to determine

the annual average expected exceedances for the years 1992, 1993, and

1994. Data contained in AIRS have undergone quality assurance review by

the State and USEPA. Since the annual average number of expected

exceedances for each monitor during the most recent three years is less

than 1.0, the Columbus-Springfield area is considered to have attained

the standard.

2. The Area Must Have a Fully Approved SIP Under Section 110(k); and

the Area Must Have Met All Applicable Requirements Under Section 110

and Part D

Before the Columbus area may be redesignated to attainment for

ozone, it must have fulfilled the applicable requirements of section

110 and part D. USEPA interprets section 107(d)(3)(E)(v) to mean that,

for a redesignation request to be approved, the State must have met all

requirements that became applicable to the subject area prior to or at

the time of the submission of the redesignation

[[Page 3595]]

request. As the Columbus redesignation request was submitted to USEPA

in January, 1994, requirements that came due prior to that time must be

met for the request to be approved. Section 110 and Part D requirements

of the CAA that come due subsequent to the submission of the

redesignation request continue to be applicable to the area (see

section 175A(c)) and, if the redesignation is disapproved, the State

remains obligated to fulfill those requirements.

Section 110 Requirements

General SIP elements are delineated in section 110(a)(2) of Title

I, Part A. These requirements include but are not limited to the

following: submittal of a SIP that has been adopted by the State after

reasonable notice and public hearing, provisions for establishment and

operation of appropriate apparatus, methods, systems and procedures

necessary to monitor ambient air quality, implementation of a permit

program, provisions for Part C, Prevention of Significant Deterioration

(PSD), and D, New Source Review (NSR) permit programs, criteria for

stationary source emission control measures, monitoring and reporting,

provisions for modeling, and provisions for public and local agency

participation. For purposes of redesignation, the Ohio SIP was reviewed

to ensure that all requirements under the amended Act were satisfied.

On October 31, 1980, the USEPA conditionally approved Ohio's SIP under

Part D of Title I (as amended in 1977) (45 FR 27122). The Ohio VOC

Reasonably Available Control Technology (RACT) requirements, or

requirements for certain stationary sources to use technically and

economically feasible technology to reduce emissions of VOC, are being

addressed in a separate TSD and Federal Register actions, (59 FR 23796

and 60 FR 15235), except for a few outstanding requirements in the

Cleveland and Cincinnati areas. There are no outstanding VOC RACT

requirements for the Columbus area, as explained under ``Part D

Requirements'' below.

Part D Requirements

Under part D, an area's classification determines the requirements

to which it is subject. Subpart 1 of part D sets forth the basic

nonattainment requirements applicable to all nonattainment areas.

Subpart 2 of part D establishes additional requirements for

nonattainment areas classified under table 1 of section 181(a). As

described in the General Preamble for the Implementation of Title I,

specific requirements of subpart 2 may override subpart 1's general

provisions [57 FR at 13501 (April 16, 1992)]. The Columbus area was

classified as marginal. Therefore, in order to be redesignated to

attainment, the State must meet the applicable requirements of subpart

1 of part D--specifically sections 172(c) and 176, as well as the

applicable requirements of subpart 2 of part D that apply to marginal

areas such as Columbus.

(a) Section 172(c) Requirements

Section 172(c) sets forth general requirements applicable to all

nonattainment areas. Under section 172(b), the section 172(c)

requirements are applicable as determined by the Administrator, but no

later than 3 years after an area has been designated as nonattainment

under the amended CAA. Furthermore, as noted above, some of these

section 172(c) requirements are superseded by more specific

requirements in subpart 2 of part D. In the case of Columbus, the State

has satisfied all of the section 172(c) requirements necessary for

Columbus to be redesignated upon the basis of the redesignation request

submitted on January 7, 1994, and April 14, 1994.

The Columbus area was designated marginal nonattainment on November

6, 1991 (56 FR at 56694), effective January 6, 1992). In the case of

marginal ozone nonattainment areas, the section 172(c)(1) Reasonably

Available Control Measures requirement was superseded by the section

182(a)(2) RACT requirements, which did not require nonattainment areas

designated marginal after enactment of 1990 CAA amendments to submit

RACT corrections. See General Preamble for the Implementation of Title

I, 57 FR at 13503, and the VOC RACT Fix-up rulemaking published at 58

FR 49458. Thus, no additional RACT submissions were required for the

Columbus area to be redesignated. Also, by virtue of provisions of

section 182(a), which provides that any area designated as marginal

does no have to submit an attainment demonstration.

With respect to the section 172(c)(2) Reasonable Further Progress

(RFP) requirement, as Columbus has attained the ozone NAAQS no RFP

requirements apply. See General Preamble for the Implementation of

Title I, 57 FR at 13564.

The section 172(c)(3) emissions inventory requirement has been met

by the submission and approval (in this action) of the 1990 base year

inventory required under subpart 2 of part D, section 182(a)(1).

As for the section 172(c)(5) NSR requirement, USEPA has determined

that areas being redesignated need not comply with the NSR requirement

prior to redesignation provided that the area demonstrates maintenance

of the standard without part D NSR in effect. A memorandum from Mary

Nichols, Assistant Administrator for Air and Radiation, dated October

14, 1994, entitled ``Part D New Source Review (part D NSR) Requirements

for Areas Requesting Redesignation to Attainment,'' fully describes the

rationale for this view, and is based on the Agency's authority to

establish de minimis exceptions to statutory requirements. See Alabama

Power Co. v. Costle, 636 F. 2d 323, 360-61 (D.C. Cir. 1979). As

discussed below, the State of Ohio has demonstrated that the Columbus

area will be able to maintain the standard without part D NSR in effect

and, therefore, the State need not have a fully-approved part D NSR

program prior to approval of the redesignation request for Columbus.

Once the area is redesignated to attainment, the PSD program

(applicable to attainment areas), which has been delegated to Ohio,

will become effective immediately. The PSD program was delegated to

Ohio on May 1, 1980, and amended November 7, 1988. See 40 C.F.R.

52.21(u)

The section 172(c)(9) contingency measure requirements also do not

apply to marginal ozone nonattainment areas. See section 182(a) and 57

FR at 13571.

Finally, for purposes of redesignation, the Columbus SIP was

reviewed to ensure that all requirements of section 110(a)(2),

containing general SIP elements, were satisfied. As noted above, USEPA

believes the SIP satisfies all of those requirements.

(b) Section 176 Conformity Requirements

Section 176(c) of the Act requires States to revise their SIPs to

establish criteria and procedures to ensure that, before they are

taken, Federal actions conform to the air quality planning goals in the

applicable State SIP. The requirement to determine conformity applies

to transportation plans, programs and projects developed, funded or

approved under Title 23 U.S.C. or the Federal Transit Act

(``transportation conformity''), as well as to all other Federal

actions (``general conformity'').

The USEPA promulgated final transportation conformity regulations

on November 24, 1993 (58 FR 62188), and general conformity regulations

on November 30, 1993 (58 FR 63214). Pursuant to section 51.396 of the

[[Page 3596]]

transportation conformity rule and section 51.851 of the general

conformity rule, the State of Ohio is required to submit a SIP revision

containing transportation conformity criteria and procedures consistent

with those established in the Federal rule by November 25, 1994, and

November 30, 1994, respectively. Because the redesignation request was

submitted before these SIP revisions came due, they are not applicable

requirements under section 107(d)(3)(E)(v) and, thus, do not affect

approval of this redesignation request.

(c) Subpart 2 Requirements

Marginal ozone nonattainment areas are subject to the requirements

of section 182(a) of subpart 2. Ohio has met all of the applicable

requirements of that subsection with respect to the Columbus area. The

emissions inventory required by section 182(a)(1) is being approved in

this action. The emission statement SIP required by section

182(a)(3)(B) was approved on October 13, 1994. See 59 FR 51863. As

noted above, RACT corrections are not required under section 182(a)(2)

for areas such as Columbus that were not designated nonattainment until

after the 1990 CAA Amendments. Similarly, section 182(a)(2) does not

require the submission of inspection and maintenance SIP revisions for

Columbus since the area was not required to have an I/M program before

the enactment of the 1990 CAA Amendments. Finally, the State need not

comply with the requirements of section 182(a) concerning revisions to

the part D NSR program in order for the Columbus area to be

redesignated for the reasons explained above in connection with the

discussion of the section 172(c)(5) NSR requirement.

3. The Improvement in Air Quality Must Be Due to Permanent and

Enforceable Reductions in Emissions Resulting From the SIP, Federal

Measures and Other Permanent and Enforceable Reductions

The submittal demonstrates that the improvement in air quality is

due to emissions reductions due to the Federal Motor Vehicle Emissions

Control Program (FMVECP). This program is codified in 40 CFR Part 86.

Between 1988 and 1990 the area's volatile organic compound emissions

were reduced by 2.7 percent, due to FMVECP. This trend is expected to

continue in the area with a ten (10) percent reduction in overall

emissions by 1996 due to the FMVECP program and Federal restrictions on

gasoline volatility. Based on this reduction, the State has shown that

the improvement in air quality is based on permanent and enforceable

reductions in emissions.

As was already discussed, this area is not required to adopt new

enforceable regulations in order to meet the CAA requirements of

section 110 and Part D. Therefore, USEPA believes that it is reasonable

to attribute the improvement in air quality to be due just to Federal

measures and it is not necessary in this case to link emission

reduction to enforceable regulations in the SIP.

4. The Area Must Have a Fully Approved Maintenance Plan Meeting the

Requirements of Section 175A

Section 175A of the CAA sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The maintenance plan is a SIP revision which provides for maintenance

of the relevant NAAQS in the area for at least 10 years after

redesignation. A September 4, 1992, USEPA memorandum from the Director

of the Air Quality Management Division, Office of Air Quality Planning

and Standards, to Directors of Regional Air Divisions regarding

redesignation provides further guidance on the required content of a

maintenance plan.

An ozone maintenance plan should address the following five areas:

the attainment inventory, maintenance demonstration, monitoring

network, verification of continued attainment and a contingency plan.

The attainment emissions inventory identifies the emissions level in

the area which is sufficient to attain the ozone NAAQS, and includes

emissions during the time period which had no monitored violations.

Maintenance is demonstrated by showing that future emissions will not

exceed the level established by the attainment inventory. Provisions

for continued operation of an appropriate air quality monitoring

network are to be included in the maintenance plan. The State must show

how it will track and verify the progress of the maintenance plan.

Finally, the maintenance plan must include contingency measures which

ensure prompt correction of any violation of the ozone standard.

The State has included a copy of the base year 1990 emissions

inventory as the attainment inventory. The Columbus maintenance plan

provides emissions estimates from 1990 to 2005 for volatile organic

compounds (VOCs), and from 1990 to 2005 for oxides of nitrogen

(NOX) for the Columbus area. These emissions estimates have been

revised based on comments that Ohio received from USEPA, and the tables

reflect the revised emissions estimates. These estimates are consistent

with the base year 1990 emissions inventory for the area. The emissions

in the Columbus area are projected to decrease. The results of this

analysis show that the area is expected to maintain the air quality

standard for at least ten (10) years into the future.

The emissions summary for VOCs and NOX are provided below for

the Columbus area:

Table 2.--VOC Emissions in Tons Per Summer Day

------------------------------------------------------------------------

Point Mobile

Year Sources Area Sources Sources Totals

------------------------------------------------------------------------

1990......... 16.44 101.18 94.73 212.35

1996......... 17.52 107.47 63.36 188.35

2005......... 19.33 117.30 61.38 198.01

------------------------------------------------------------------------

Table 3. NOX Emissions in Tons Per Summer Day

------------------------------------------------------------------------

Point Mobile

Year Sources Area Sources Sources Totals

------------------------------------------------------------------------

1990......... 13.79 96.68 78.65 189.12

1996......... 14.35 102.62 68.85 185.82

2005......... 15.27 111.82 61.24 188.33

------------------------------------------------------------------------

[[Page 3597]]

The State also commits to continuing the operation of the monitors

in the area. It will also track the maintenance of the area by

regularly updating the emissions inventory for the area. The emission

projections for 2005 are the budgets for transportation conformity.

The State commits to Automobile Inspection and Maintenance (I/M) as

the first contingency measure. This first measure would be triggered by

a violation of the NAAQS. The second contingency measure is Stage II

vapor recovery. If both measures are implemented, the area will choose

additional measures. The State also provided the following schedule in

Table 4 for implementing the I/M measure. Based on these measures, the

maintenance requirement has been met.

Table 4.--Schedule for Implementing I/M

------------------------------------------------------------------------

Date Action/Event

------------------------------------------------------------------------

Contingency Triggered........ Initiate contingency I/M plan measures.

New legislative authority will not be

necessary for implementation.

Month 1/Day 1................ Begin revisions to Request for Proposals

(RFP). Coordinate with appropriate

agencies. Begin drafting rules for I/M

program, procedures and guidelines.

Month 2/Day 1................ Release RFP for centralized contractor.

Month 3/Day 1................ File draft rule rev. with Legislative

Serv. Commission.

Month 4/Day 15............... Public hearing on program rule revisions.

Month 4/Day 30............... Rules approved by Joint Committee on

Agency Rule Review. RFP responses for

centralized contract due.

Month 5/Day 1................ Begin evaluation of RFP responses.

Month 6/Day 15............... Award centralized contract. Seek

Controlling Board approval of

contract(s) by end of month 7.

Month 6/Day 30............... Program rule revisions become effective.

Month 7/Day 1................ Draft RFPs for Ohio EPA (BAR 90) approved

analyzer certification, if necessary,

and inspector certification training in

the Columbus metropolitan area.

Month 8/Day 1................ Release RFPs for inspector certification

training and analyzer certification

services.

Month 9/Day 15............... Proposals for analyzer certification

services (ACS) and inspector

certification training (ICT) due.

Month 9/Day 16............... Begin evaluation of proposals for ACS and

ICT.

Month 10/Day 1............... Award contracts for ACS and ICT.

Month 11/Day 1............... Begin licensing process for reinspection

stations.

Month 12/Day 1............... New Analyzer spec. issued. Begin

certifying four-gas analyzers.

Month 14/Day 1............... Inspector certification begins

Month 15/Day 1............... Begin final licensing of reinspection

stations.

Month 16/Day 1............... Initiate Public Relations program

including media blitz.

Month 16/D 15................ Initiate motorist notification mailings.

Month 17/Day 1............... Begin limited voluntary inspections at

centralized test stations. Reinspection

stations begin to perform retests.

Month 18/Day 1............... Begin mandatory testing at centralized

test stations.

------------------------------------------------------------------------

Transport of Ozone Precursors to Downwind Areas

Preliminary modeling results utilizing USEPA's regional oxidant

model (ROM) indicate that ozone precursor emissions from various States

west of the ozone transport region (OTR) in the northeastern United

States contribute to increases in ozone concentrations in the OTR. The

State of Ohio has provided documentation that VOC and NOX

emissions in the Columbus area will remain below attainment levels for

the next ten years. If the monitored air quality levels exceed the

NAAQS, then the contingency plan will be triggered. In addition, Ohio

is required to submit a revision to the maintenance plan eight years

after redesignation to attainment which demonstrates that the NAAQS

will be maintained until the year 2015. The USEPA is currently

developing policy which will address long range impacts of ozone

transport. The USEPA is working with the States and other organizations

to design and complete studies which consider upwind sources and

quantify their impacts. The USEPA intends to address the transport

issue through section 110 based on a domain-wide modeling analysis.

Rulemaking Action

The USEPA is approving the 1990 base-year ozone precursor emissions

inventories for the Columbus nonattainment area as meeting the

requirements of section 182(a)(1) of the CAA based upon the evidence

presented by the State and the State's compliance with the requirements

outlines in the applicable USEPA guidance. In addition, the USEPA is

also approving the redesignation of the Columbus ozone nonattainment

area to attainment for ozone since Ohio's request meets the conditions

of the CAA in section 107(d)(3)(E) for redesignation.

VI. Comment and Approval Procedure

The USEPA is publishing this action without prior proposal because

USEPA views this action as a noncontroversial revision and anticipates

no adverse comments. However, USEPA is publishing a separate document

in this Federal Register publication, which constitutes a ``proposed

approval'' of the requested SIP revision and clarifies that the

rulemaking will not be deemed final if timely adverse or critical

comments are filed. The ``direct final'' approval of the Columbus area

emissions inventory shall be effective on April 1, 1996, unless USEPA

receives adverse or critical comments by March 4, 1996. If USEPA

receives comments adverse to or critical of the approval discussed

above, USEPA will withdraw that approval before its effective date by

publishing a subsequent Federal Register document which withdraws this

final action. It should be noted, however, that an adverse or critical

comment on the approval of the Columbus area redesignation request or

maintenance plan will not result in a withdrawal of the approval of the

Columbus emission inventory, unless USEPA receives adverse or critical

comments on the emission inventory approval, as well. All public

comments received will be addressed in a subsequent rulemaking

document. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, USEPA hereby advises

the public that this action will be effective on April 1, 1996.

[[Page 3598]]

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

Nothing in this action should be construed as permitting, allowing,

or establishing a precedent for any future request for revision to any

SIP. USEPA shall consider each request for revision to the SIP in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded

Mandates Act'') (signed into law on March 22, 1995) requires that the

USEPA prepare a budgetary impact statement before promulgating a rule

that includes a Federal mandate that may result in expenditure by

State, local, and tribal governments, in aggregate, or by the private

sector, of $100 million or more in any one year. Section 203 requires

the USEPA to establish a plan for obtaining input from and informing,

educating, and advising any small governments that may be significantly

or uniquely affected by the rule.

Under section 205 of the Unfunded Mandates Act, the USEPA must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The USEPA must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative that

achieves the objectives of the rule, unless the USEPA explains why this

alternative is not selected or the selection of this alternative is

inconsistent with law.

Because this final rule is estimated to result in the expenditure

by State, local, and tribal governments or the private sector of less

then $100 million in any one year, the USEPA has not prepared a

budgetary impact statement or specifically addressed the selection of

the least costly, most cost-effective, or least burdensome alternative.

Because small governments will not be significantly or uniquely

affected by this rule, the USEPA is not required to develop a plan with

regard to small governments. This rule only approves the incorporation

of existing state rules into the SIP. It imposes no additional

requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP-approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-State relationship

under the Act, preparation of a regulatory flexibility analysis would

constitute Federal inquiry into the economic reasonableness of the

State action. The Clean Air Act forbids USEPA to base its actions

concerning SIPs on such grounds. Union Electric Co. v. USEPA., 427 U.S.

246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2).

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by April 1, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See Section 307(b)(2)).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Hydrocarbons,

Nitrogen oxides, Ozone, Volatile organic compounds.

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Note:--Incorporation by reference of the State Implementation

Plan for the State of Ohio was approved by the Director of the

Federal Register on July 1, 1982.

Dated: November 30, 1995.

Valdas V. Adamkus,

Regional Administrator.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart KK--Ohio

2. Section 52.1885 is amended by adding new paragraph (u) to read

as follows: Sec. 52.1885 Control Strategy: Ozone.

* * * * *

(u) Approval--The 1990 base-year ozone emissions inventory

requirement of Section 182(a)(1) of the Clean Air Act has been

satisfied for the Columbus ozone nonattainment area (which includes the

Counties of Delaware, Franklin, and Licking).

3. Section 52.1885 is amended by adding paragraph (b)(6) to read as

follows:

Sec. 52.1885 Control strategy: Ozone.

* * * * *

(b) * * *

(6) Franklin, Delaware, and Licking Counties.

* * * * *

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES--OHIO

1. The authority citation of Part 81 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q, unless otherwise noted.

2. In Sec. 81.336 ozone table is amended by revising entries for

the Franklin, Delaware, and Licking Counties to read as follows:

Sec. 81.336 Ohio.

* * * * *

[[Page 3599]]

Ohio--Ozone

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated Area -------------------------------------------------------------------------------

Date \1\ Type Date \1\ Type

----------------------------------------------------------------------------------------------------------------

* * * * * * *

Columbus Area

Delaware County............. April 1, 1996..... Attainment........

Franklin County............. April 1, 1996..... Attainment........

Licking County.............. April 1, 1996..... Attainment........

* * * * * * *

----------------------------------------------------------------------------------------------------------------

\1\This date is November 15, 1990, unless otherwise noted.

[FR Doc. 96-1933 Filed 1-31-96; 8:45 am]

BILLING CODE 6560-50-P